Text: SF00271 Text: SF00273 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 206.19, subsection 5, Code 1999, is 1 2 amended to read as follows: 1 3 5. Establish, assess, and collect civil penalties for 1 4 violations by commercial applicators. In determining the 1 5 amount of the civil penalty, the department shall consider all 1 6 of the following factors: 1 7 a. The willfulness of the violation. 1 8 b. The actual or potential danger of injury to the public 1 9 health or safety, or damage to the environment caused by the 1 10 violation. 1 11 c. The actual or potential cost of the injury or damage 1 12 caused by the violation to the public health or safety, or to 1 13 the environment. 1 14 d. The actual or potential cost incurred by the department 1 15 in enforcing this chapter and rules adopted pursuant to this 1 16 chapter against the violator. 1 17 e. The remedial action required of the violator. 1 18 f. The violator's previous history of complying with 1 19 orders or decisions of the department. 1 20 The department shall provide the violator with written 1 21 findings relating to each of the considerations listed in this 1 22 subsection at the time the violator is notified regarding the 1 23 amount of the civil penalty. The amount of the civil penalty 1 24 shall not exceed fivehundredthousand dollars for each 1 25 offense. 1 26 EXPLANATION 1 27 This bill relates to civil penalties assessed for 1 28 violations by commercial applicators of pesticides. The bill 1 29 increases the maximum civil penalty from $500 to $5,000. The 1 30 bill requires the department to provide written findings to a 1 31 violator at the time the violator is notified regarding the 1 32 amount of the civil penalty. The findings shall include 1 33 considerations made by the department in determining the 1 34 amount of the civil penalty. 1 35 LSB 2692XS 78 2 1 tm/cf/24
Text: SF00271 Text: SF00273 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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